Report on Scientific Council Hearing Meeting on Potential Abuses of Power
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
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04-27-2006 07:06
From: Kendra Bancroft Here is the quote in full context:
and my response:
Once the violations were established, it was required to INDICT.
The SC, serving as judges, auditors and police does not equal a jury of peers.
It is my view that the current SC is in violation of Constitutional Laws, their interpretation of them notwithstanding. They can't be in violation of their own interpretation. And only their interpretation is legally binding.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
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04-27-2006 07:20
From: Kevn Klein They can't be in violation of their own interpretation. And only their interpretation is legally binding. Did you know that you're one of the reasons I decided I had to stay in Neualtenburg?
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Pelanor Eldrich
Let's make a deal...
Join date: 8 Feb 2006
Posts: 267
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So...
04-27-2006 07:26
From: Kevn Klein They can't be in violation of their own interpretation. And only their interpretation is legally binding. So I guess technically, Kendra must either convince the SC that their decision/verdict was wrong or she has to have one/all of them impeached. The extreme possibility is using Linden Law or California and/or US law. We need funds for an SC archivist. This SC gig is looking to be a pretty thankless job, all things considered.  This is useful for testing the SC as a branch and our laws in general as a way of setting precedent. I must also voice my opinion that it can be bad for unity, stability, business and our external reputation. It also taxes the SC's capacity. I just want all parties to keep this in mind. The good of the City must be kept foremost in the minds of all citizens. I also (in my humble opinion) respect the ruling of the SC and feel that they can put official rulings/opinions etc. on the wiki and don't need to defend themselves in this peanut gallery. Like I said before, you don't see the USSC doing this. This is a forum for debate, but frankly the SC doesn't need to comment on cases/hearings here. Keeping offical transcripts/opinions/rulings/precedents solely on the wiki (under the auspicies of the archivist) gives us a coherent body of law without having to serach through 5,000 posts. Just my 2 cents.
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Kendra Bancroft
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04-27-2006 07:31
From: Pelanor Eldrich So I guess technically, Kendra must either convince the SC that their decision/verdict was wrong or she has to have one/all of them impeached. . That's a false choice, Pel. I didn't know you were a Hegelian. There is another choice for me. I plan to introduce a bill in the RA that any foreign citizen who wishes, be granted a trial by jury of their peers.
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Kevn Klein
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Join date: 5 Nov 2004
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04-27-2006 07:32
From: Ulrika Zugzwang Indeed I do. Because I am my own defense (a lawyer) in these discussions, hearings, and hopefully trials, my job is to present my case using arguments based logically on constitutional law. So, to silence me would be to deny me representation. Since I imagine that no one wants to add that to the list of the city's current difficulties, I will continue to interpret law until this is resolved. There is no provision found within the constitution for giving non-residents a jury trial. You were treated extra well because of your status as ex-SC member and co-founder. Can you image me demanding a jury trial after the many times you removed my posts. You became the judge, jury and executioner. There was no appeal process. You just used your LL granted powers to silence a voice with which you disagreed. I didn't break any rules, yet you decided to silence me because you could. Be glad they even considered your case at all. From: Ulrika Zugzwang What's interesting (and the reason most SC members are shirking the forums), is that I am possibly the best-equipped lawyer in the N'burg judicial system, having, as you said, written the Constitution itself. Once this is all resolved, my services will be for hire. The way things are going now, I think they'll be needed.  ~Ulrika~ They aren't shirking the forums. They are ignoring you. The only reason I don't ignore this is I enjoy the debate. Also, if you are "the best-equipped lawyer in the N'burg judicial system" why are you in such a bad predicament? You wrote the constitution, and now it's biting you in the butt. This is why congress tries to write fair laws, they will soon be living under the same laws they pass for everyone else. I suppose you had planned on ruling the SC for life. But now the ultimate powers you bestowed upon yourself are now out of your hands. Personally, I would find a builder to replace every one of your builds, have home/shop owners return your buildings. Or maybe even change the entire project, name, design and all. Then you could "rest in peace" knowing none of your IP is being wrongfully used.
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Kendra Bancroft
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Join date: 17 Jun 2004
Posts: 5,813
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04-27-2006 07:37
From: Kevn Klein There is no provision found within the constitution for giving non-residents a jury trial. You were treated extra well because of your status as ex-SC member and co-founder.
Can you image me demanding a jury trial after the many times you removed my posts. You became the judge, jury and executioner. There was no appeal process. You just used your LL granted powers to silence a voice with which you disagreed. I didn't break any rules, yet you decided to silence me because you could.
Be glad they even considered your case at all.
They aren't shirking the forums. They are ignoring you. The only reason I don't ignore this is I enjoy the debate.
Also, if you are "the best-equipped lawyer in the N'burg judicial system" why are you in such a bad predicament? You wrote the constitution, and now it's biting you in the butt.
This is why congress tries to write fair laws, they will soon be living under the same laws they pass for everyone else.
I suppose you had planned on ruling the SC for life. But now the ultimate powers you bestowed upon yourself is now out of your hands.
Personally, I would find a builder to replace every one of your builds, have home/shop owners return your buildings. Or maybe even change the entire project, name, design and all. Then you could "rest in peace" knowing none of your IP is being wrongfully used. Why do you hate Neualtenburg?
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Claude Desmoulins
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Join date: 1 Nov 2005
Posts: 388
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04-27-2006 07:42
From: Kendra Bancroft
There is another choice for me. I plan to introduce a bill in the RA that any foreign citizen who wishes, be granted a trial by jury of their peers.
Would the jury then also be composed of foreigners? Who are the peers of someone who is not a citizen of the city? Does the accused get to choose the jury? Please elaborate. How, precisely, would such a thing work?
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Kevn Klein
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Join date: 5 Nov 2004
Posts: 3,422
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04-27-2006 07:45
From: Kendra Bancroft Why do you hate Neualtenburg? Why do you demean my motives? After the illegal ultimatum, I would think you would be extra nice today.
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 07:46
From: Claude Desmoulins Would the jury then also be composed of foreigners? Who are the peers of someone who is not a citizen of the city? Does the accused get to choose the jury? Please elaborate. How, precisely, would such a thing work? The elaboration will be in my bill.
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 07:46
From: Kevn Klein Why do you demean my motives? After the illegal ultimatum, I would think you would be extra nice today. who issued an ultimatum?
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Kevn Klein
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Join date: 5 Nov 2004
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04-27-2006 07:49
From: Kendra Bancroft who issued an ultimatum? Call it what you will. It was your threat to take your ball and go home. I think that is not acceptable under N'burg legal system. But hey, it's your ball.
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 07:54
From: Kevn Klein Call it what you will. It was your threat to take your ball and go home. I think that is not acceptable under N'burg legal system. But hey, it's your ball. No, Kevn --it was an expression of a desire to leave. Believe it or not we are allowed to leave Neualtenburg and take our personal belongings with us. Continue to attack me personally by all means --I can assure you that I make a very bad enemy.
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Kevn Klein
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Join date: 5 Nov 2004
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04-27-2006 07:55
From: Kendra Bancroft Did you know that you're one of the reasons I decided I had to stay in Neualtenburg? I feel all warm and fuzzy inside....
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
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04-27-2006 07:58
From: Kendra Bancroft No, Kevn --it was an expression of a desire to leave. Believe it or not we are allowed to leave Neualtenburg and take our personal belongings with us.
Continue to attack me personally by all means --I can assure you that I make a very bad enemy. Actually, it was an announcement that you WILL leave on May 1st. I don't think you ever were able to show an example of me attacking you personally. Even though I asked. Bad enemies are better than bad friends. At least I know where you stand. 
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 08:03
From: Kevn Klein Actually, it was an announcement that you WILL leave on May 1st. I don't think you ever were able to show an example of me attacking you personally. Even though I asked. Bad enemies are better than bad friends. At least I know where you stand.  Kevn, You accused me of criminal behaviour just above this post! If that's not an attack I don't know what is. an announcement to leave is not a threat to leave nor an ultimatum. It is the expression of the desire to leave. In that same announcement I also said I was deeding my lands to the city and giving full rights to any builds not on my private property. Hardly a "take my ball and go home" gesture.
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Kevn Klein
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Join date: 5 Nov 2004
Posts: 3,422
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04-27-2006 08:17
From: Kendra Bancroft Kevn, You accused me of criminal behaviour just above this post! If that's not an attack I don't know what is.
an announcement to leave is not a threat to leave nor an ultimatum.
It is the expression of the desire to leave.
In that same announcement I also said I was deeding my lands to the city and giving full rights to any builds not on my private property.
Hardly a "take my ball and go home" gesture. I pointed out you were publicly declaring your plan to leave because people were not agreeing with you. It is a way to issue an ultimatum without actually issuing it. The fact you backed out of your plan is proof. Your bluff was called and you caved in. It's not a personal attack to point out what you did. A personal attack would be like me calling you a poopy head for doing what you did, but I never call people names. When you offered to give up your land in return for your inventory, you were just admitting you have no rights to the things rezzed in N'burg. Your only right is to sell the land.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
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04-27-2006 08:25
From: Kevn Klein I pointed out you were publicly declaring your plan to leave because people were not agreeing with you. It is a way to issue an ultimatum without actually issuing it. The fact you backed out of your plan is proof. Your bluff was called and you caved in. It's not a personal attack to point out what you did. A personal attack would be like me calling you a poopy head for doing what you did, but I never call people names.
When you offered to give up your land in return for your inventory, you were just admitting you have no rights to the things rezzed in N'burg. Your only right is to sell the land. I don't believe you have any idea what a personal attack is, Kevn. You are publicly accusing me of treason against Neualtenburg. I'd call that a very serious accusation that you, at this point, had better bring before the SC for a hearing. If you are not willing to do that, then I suggest you stop slandering me.
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Kevn Klein
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Join date: 5 Nov 2004
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04-27-2006 08:39
From: Kendra Bancroft I don't believe you have any idea what a personal attack is, Kevn. You are publicly accusing me of treason against Neualtenburg.
I'd call that a very serious accusation that you, at this point, had better bring before the SC for a hearing.
If you are not willing to do that, then I suggest you stop slandering me. You issued an ultimatum. The idea is you issue an "announcement" that can be reversed if things change to your way. When you didn't get your way you caved in. That's proof it was an ultimatum. Also, if it was to be a simple announcement, it wouldn't be issued in the heat of debate. It was clearly used to intimidate others. If you don't like me calling you on these things, you can either file charges against me or stop issuing ultimatums. But I will continue to call'em as I sees'em.
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 08:48
From: Kevn Klein You issued an ultimatum. The idea is you issue an "announcement" that can be reversed if things change to your way. When you didn't get your way you caved in. That's proof it was an ultimatum.
Also, if it was to be a simple announcement, it wouldn't be issued in the heat of debate. It was clearly used to intimidate others.
If you don't like me calling you on these things, you can either file charges against me or stop issuing ultimatums. But I will continue to call'em as I sees'em. Consider it done, Kevn. I hereby declare my intention to sue Kevn Klein for defamation of character, and am officially notifying the SC that I wish strong sanctions be placed against Kevn Klein.
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Kevn Klein
God is Love!
Join date: 5 Nov 2004
Posts: 3,422
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04-27-2006 09:07
From: Kendra Bancroft Consider it done, Kevn.
I hereby declare my intention to sue Kevn Klein for defamation of character, and am officially notifying the SC that I wish strong sanctions be placed against Kevn Klein. I didn't know you contacted the SC by way of the forum? If they rule I am wrongfully accusing you of a crime for which you aren't guilty, I will gladly abide by their ruling and apologize publicly. However, I don't think that is going to happen. I seem to remember reading others felt your threats equaled an illegal ultimatum also.
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Kendra Bancroft
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Join date: 17 Jun 2004
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04-27-2006 09:16
From: Kevn Klein I didn't know you contacted the SC by way of the forum? If they rule I am wrongfully accusing you of a crime for which you aren't guilty, I will gladly abide by their ruling and apologize publicly.
However, I don't think that is going to happen. I seem to remember reading others felt your threats equaled an illegal ultimatum also. So?
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Flyingroc Chung
:)
Join date: 3 Jun 2004
Posts: 329
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04-27-2006 09:16
From: Kevn Klein I didn't know you contacted the SC by way of the forum? I think because this forum can turn heated very quickly, and people can sometimes say rash things, Gwyn has instituted recently (in the last SC meeting) that all requests for formal action by the SC be made via email.
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Kendra Bancroft
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04-27-2006 09:20
From: Flyingroc Chung I think because this forum can turn heated very quickly, and people can sometimes say rash things, Gwyn has instituted recently (in the last SC meeting) that all requests for formal action by the SC be made via email. Considering this baseless accusation was made on the forums and the SC are the moderators of these forums, I think that they need to take action here on these forums. I consider myself having contacted the SC.
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Flyingroc Chung
:)
Join date: 3 Jun 2004
Posts: 329
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04-27-2006 09:28
From: Kendra Bancroft I consider myself having contacted the SC.
*shrug* The policy set forth in the last SC meeting was that the SC will stay mostly silent unless a request was made via email or an in-world notecard. I'm just pointing out the most expedient way of getting the SC to act.
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Kendra Bancroft
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04-27-2006 09:35
From: Flyingroc Chung *shrug* The policy set forth in the last SC meeting was that the SC will stay mostly silent unless a request was made via email or an in-world notecard. I'm just pointing out the most expedient way of getting the SC to act. Then they are ignoring their responsabilty as forum moderators. A personal attack and slander has been made against me in these forums. They are either going to be responsable and address the issue or they are going to ignore it. According to Linden Law, I am still a moderator and could of course do it myself, but I have agreed to act as a consultant only and not take actions. A citizen has accused by way of personal attack that a Government Official has commited treason against the City. This must either be ruled as factual by the SC (branding me a traitor), or it must be dealt with as a personal and baseless forum attack. Frankly --no notification should even be necessary as the SC's course of action should be readily apparent.
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